State challenges HRDC injunction, insists on plans to lockdown Malawi
Malawi government through the office of the Attorney General has filed to High Court to vacate the injunction which temporarily barred the government from implementing a 21-day lockdown to curb coronavirus following a petition by a human rights group.
One of the lawyers at the Attorney General’s chambers, Neverson Chisiza filed the application to discharge leave for judicial review and vacate the injunction so that the country can go into a and restrict its population’s movements.
Chisiza’s application relies heavily on a a sworn statement by Minister of Health Jappie Mhango that the lockdown measure was declared lawfully.
He also argues that the lockdown under a State of Disaster declared by President Peter Mutharika will not abrogate people’s rights like a State of Emergency.
Justice Kenyatta Nyirenda last Friday set aside the lockdown in response to a challenge by the Human Rights Defenders Coalition (HRDC), which argued that more consultation was needed to prevent harm to the poorest and most vulnerable of society.
In his sworn statement the Health minister Mhango, who chairs Malawi’s cabinet committee overseeing its response to the pandemic, has stated that government has put in place cushions for the people, mostly from the informal sector.
Government contends the lockdown is the way to save lives by minimising further spread of the coronavirus.
Malawi has so far confirmed just 23 cases, including three deaths, but President Peter Mutharika has warned that without locking down the country, the virus could kill around 50,000.
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Lockdown is important to our society but it seems that whoever started it did not know the real meaning of Lock down. Winning elections out of these issues is wrong: stealing money meant for Corona virus patients and others enjoy and benefit out the sudden sickness. God is there looking at you and you will be rewarded out of it. We definitely agree that Coronavirus is in the country but the government has exaggerated the disease running away from Elections. The Judges have different books to read for the any case. We really know that for the past years you were indeed favoured by the same gentleman but he did not know what the consequences would be out of his will. This man is used to steal and our Con court Judges are indeed very bright and this was purely on merit after reporting the matter to the Chief Justice about the conduct of what they call bank official. Kaphale went back to court to vacate the injunction but alas! Patemba simply told him to go on 24th April 2020
and Kaphale himself noted that the government followed MADULIRA too much and did not actually report the same to his boss in Blantyre and kept quiet.Malawi as whole will never have a leader like Kamuzu Banda who did not take up this nonsense we see today. Kondwani is the idea person to take over from abambowo though Mr & Mrs are stinking riches in Malawi.At capital hill if you cannot steal as your bosses have done so far then you will never built a house at Area 47,new 43 and a few in Blantyre. When I think of Malawi to be ruled by people who never saw corridors of the college but standard level I feel so much ashamed of my time wasting going to school for what? DZIKO LA MALAWI LABVUTIKA and perhaps we now import a leader to avoid KUBA NDALAMA ZA AID MKUGAWANA.
why removing injunction and pressing for lockdown, is this running away from elections. may be.
MEC announced the date to recieve nomination papers to be on May 2nd as to give room for lockdown. koma sidzitheka za lockdown. Campaign period has to b for two months soon after the reciept of nomination papers. We were told that MEC will follow the law indeed so what is this.
Relax, Govt has withdrawn the application to challenge the injuction. You have won!!!
Lockdown ayikakamiratu. How can you come up with lockdown when boarders are open.
A Banda, you have lockdown is one way of running Elections because the guy knows well that he will get 38 votes this time plus that of Atupere. Angowadyera ndalama am’dalawo.
Where are boarders open?
Looking at the activities happening in our markets, A Truck loaded with passengers even in South Africa People fighting to receive food.
Social distance is just a mere talk.
Ndipo muthokoze Kenyatta for that injunctuon, otherwise by now more than 30 police and army officers would have wounded or killed already. Nkhondo ikanakhala ya nyooooo. Chotsani injunction yo muonanso momwe Mmalawi amachitira akanyangala.. DPP ilibe pothawira, chipulumutso chili pa 02 July, pomwe tisiyane nanu kuonanso zintchito za enawa. Tithana nanu mpaka munya ku mpweeee!!!!!!!!
Y not mentioning their names? They said area 25 market should be opened fr 6_14 hrs now will this caution can help to prevent fr covid19?
I think.the.majority of people.who.comments on Nyasatimes are either stupid, uneducated or Tumbukas.
So which one of the 3 are you?
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Why wasting time challenging the obvious. Almost all countries in the world have locked down. And these are countries where human rights started and they never challenged the lockdown. Govt should just sit and watch. HRDS will remove the injunction on their own.
these countries provide food to there citizens
Kaphele and whoever call else, don’t play with our lives and survival. Have you seen what is happening in countries where there is a lockdown? Is social distance being observed when people scramble for food.
You have a political agenda when you want a lockdown lifted. In fact you are a selfish and bad person who only think about yourself and your DPP
Koma anthu awa satopa nkuluza milandu eti?
The injunction by the government it’s a stupid move.Find the reasons first, why lockdown was stopped.Has the government solved everything?Lockdown and hunger can kill more people than coronavirus.Malawians should just use masks that would be enough.The virus enters into a person through mouth and nose, from droplets from those who are carrying the virus.People around the world are using masks. Lockdown is expensive.I think DPP leaders wants this lockdown so much, so that they can put rigging tactics which are more than tippex.Masks are enough to control the virus.
Government has goofed big time. The injunction should have stayed up until 2022
All we need are essential goods and services. Covid19 kills so too hunger.
Malawians can now see for themesleves the narrow-minded judges we have.
Probably u don’t have a job and waits for Dadie and Mamie to provide for you….Ana a kumpanda….Give people Food and they will stay indoors for 21days …
The argument as paraphrased here is not holding water. If there will not be those tough restrictions then why pressing a lock down yet there’s already an active government order restricting gatherings?
Government is not supposed to bring the argument of cushioning citizens in court, it has to prove it that the most weak people in the society have been considered. Currently, the frontline soldiers (our medical practitioners) are already complaining of lack of PPE
PPE is a problem globally – in the UK, USA. Everywhere.
In Malawi it is not a problem Eta, it is a disaster.
In malawi is a tradition not a problem.how can a doctor work without protective wear…
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Government should not vacate Kenyatta Nyirenda’s injunction. These corrupt and incompetent judges are increasingly becoming very rude. Government should leave the injunction and if HRDC want to extend it – let Kenyatta and his fellow judges extend the injunction. This will help Malawians understand how idiotic our judges are.
Tutu, it is difficult to understand what you are trying to communicate as your English is poor and you do not understand the terminology used. Stick to commenting on issues in vernacular.
@Charles what Tutu is saying is very loud n clear and I agree with it. Its you who have chosen not to agree.
It appears most pple including the judges and their entourage doesn’t believe the seriousness of this pandemic as such government should not impose any measures and let nature take its course!!!
Government too lax at borders. Isn’t this where screening should have been intensified?
I am just wondering why literally everyone entering Malawi from countries with Covid-19 cases tests positive for the virus. Is the situation that bad in those countries? The virus must be everywhere, it seems.
What cushions has the government put in place to help people who live on hand to mouth…….I haven’t heard anything sensible from the government on this issue
Lockdown can’t work to prevent the spread of the virus when we are allowing people through our borders coming back from high risk areas without putting them in quarantine centres.
Closing borders is exactly the first step that all sensible governments did all over the world and I would suggest that this is what our government should have done much much earlier rather that focusing on locking down our own citizens in their homes, just because the government want to stop the July election at all cost.
Why are we still allowing people coming from covid 19 high risk areas and countries like India to enter our country when we want to lock down our own citizens in their homes?
Why did the government go to town on Judge Kenyatta for releasing those three Chinese people when our immigration officers are still allowing other people to enter our country from those high risk areas without holding them in quarantine centres?
It looks like this government want coronavirus to spread so that we should not have elections this year….but that will not work.
Why not just announce the measures you have put in place to cushion the vulnerable.